Artist01 From United Kingdom, joined Aug 2004, 50 posts, RR: 3 Posted (7 years 4 months 3 days 12 hours ago) and read 4506 times:
Created this artwork recently and had an unexpected letter from alaska airlines demanding royalties for my artwork been sold on the ebay website. They said it creates unfair competition and misleads consumers.
I have spoken with alaska airlines and have discussed my artwork with them and nobody seems to understand my point of view as an artist. They have gone through so much effort sending me a 10 page printed report about my artwork infridgement been sold for £7.99 on ebay. Surley they have more important big fish to worry about.
They said I have created a Derivative work of their aircraft and have broken copyright laws. I have the thumbs up from boeing and they have ordered a ton of copies.
I have stuck by my guns on this one and have told them my rights as an artist. The copyright of my artwork belongs to me. I am definitely standing my ground on this issue!!
Has anyone had an similar problems with photos/decals of alaska airlines or any other issues regarding copyright.
Look forward to reading your feedback on what you think.
Moo From Falkland Islands, joined May 2007, 3970 posts, RR: 4
Reply 2, posted (7 years 4 months 3 days ago) and read 4475 times:
Your rights as an artist? Sorry, but no artists has the *right* to indiscriminately infringe on the copyright of another, especially as you are selling these derivative artworks for profit - the original copyright holding of Alaska Airlines will overrule the copyright you hold on your work as copyright law in both the UK and US assign the sole right to create derivative works to the original copyright holder, regardless of who actually produced the derivative.
The fact that Boeing is buying some prints has no standing here, no court will rule for you in a copyright infringement case on that basis.
Basically, Alaska Airlines have a valid point that, if they took to court, would put you in a very bad place because derivative works do not stand alone under UK nor US copyright law - the original copyright holders rights trumps your own unless you carried out the derivative under Fair Use law (very very narrow, and by what you have said above, very very unlikely to apply here).
My advice is to get a lawyer, and then follow his advice.
As an aside, the 1976 Copyright Act (US), sections 102 and 103 deal with derivative works and they don't agree with your view of things.